NATICK PAPERBOARD CORP. v. WEINBERGER

Civ. A. No. 73-2988-C.

389 F.Supp. 794 (1975)

NATICK PAPERBOARD CORP. et al. v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare, et al.

United States District Court, D. Massachusetts.

March 4, 1975.


Attorney(s) appearing for the Case

Roche, Carens & deGiacomo, Boston, Mass., Endicott Peabody, Robert F. deGiacomo, Washington, D.C., for plaintiffs.

James N. Gabriel, U.S. Atty., William A. Brown, Asst. U. S. Atty., Chief Civ. Div., Boston, Mass., and Charles J. Raubichick, Food and Drug Administration Dept. of HEW, Rockville, Md., for defendants.


OPINION

CAFFREY, Chief Judge.

This matter came before the Court on remand from the Court of Appeals. In its opinion the Court of Appeals ruled that an order filed by this Court dismissing the complaint for lack of jurisdiction was correct as to so much of plaintiffs' complaint as sought injunctive relief, but was incorrect as to so much of the complaint as sought declaratory relief. The relief sought by plaintiffs is Summary Judgment with a Declaratory ruling...

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